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Senate Approves Affordable Housing Bill

Kenyan Senate has overwhelmingly passed the Affordable Housing Bill.

The bill’s passage marks a victory for the Kenya Kwanza administration despite opposition from a section of lawmakers. The legislation garnered 27 votes in favor with only 10 senators rejecting it. This decisive outcome follows a motion by Senate Majority Leader Aaron Cheruiyot for a third reading of the bill. This move successfully navigated past legal challenges, including a previous intervention from the High Court in Kisumu.

The court’s ruling ultimately cleared the path for the Senate’s consideration of the bill without further roadblocks. Commenting on the court’s decision, Senate Majority Leader Kimani Ichung’wah reiterates the importance of public participation in shaping legislation that directly impacts people’s lives. The Affordable Housing Bill proposes a standardized 1.5% housing levy applicable to both salaried and income-earning Kenyans.

The bill’s journey through the National Assembly was not without hurdles. Efforts to validate affordable housing projects nationwide faced resistance, culminating in a dramatic walkout by opposition members of parliament. In its ruling, the High Court emphasized the critical role of active public engagement in the legislative process. This involvement serves a dual purpose of ensuring that development priorities align with the needs of the people and lends legitimacy to government actions. The legal challenge, brought forth by Lawrence Omule Apiyo, contested the adequacy of public participation during the bill’s formulation. However, the court determined that the National Assembly had fulfilled its constitutional obligation of effectively engaging the public on this matter.

While Apiyo expressed some reservations about the process, he ultimately conceded the court’s validation of Parliament’s efforts. The National Assembly successfully defended its approach to public participation, highlighting its extensive outreach efforts beyond simply accepting written submissions. The court agreed that the petitioner’s case was premature as it presented a restrictive view of acceptable public participation methods. With the Senate’s approval secured, the Affordable Housing Bill now awaits President Ruto’s signature to become law.

During the parliamentary session on Tuesday, chaos erupted in Parliament when a group of Azimio Senators confronted Garissa Senator Abdul Haji who was chairing the House and acting as Speaker. They insisted on being given additional time to discuss the Affordable Housing Bill. Chaos broke out when Homa Bay Senator Moses Kajwang’ expressed his dissatisfaction with the limited time provided to address various amendments to the bill.

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